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. >>> as soon as dzhokhar tsarnaev is medically available, he will be questioned by the federal government's elite high-value detainee interrogation group. so how do they get inside the mind of a terrorist? my next guest spent 30 years in counterterrorism and was the co-lead of the u.s.s. cole bombing investigation. joining me now in studio, robert mcfadden, former deputy assistant director for counterintelligence operations. let's go to what's happening inside that hospital room right now, this high-value detainee is being interviewed, if he can speak, which actually remains in question. what are the first things they need to find out. >> just going by my background and working some cases like this before, and with an acknowledgement that i'm going to have to come up with some different term that we remain in speculation territory. but in a case like this, first and foremost, is the medical question. he's got to be lucid, cleared by doctors, and then the interview will start. the very first thing, once a degree of rapport and accord is built with the young man will be any other plots. bec
morning to you. big questions of whether or not dzhokhar tsarnaev will be charged as an enemy combatant. what do we know about where the white house is leaning? >> reporter: the white house is convinced the way this is being handled presently is the way it should be handled. that krcriticism about whether not tsarnaev should be handled as an enemy combatant is coming from republican lawmakers, john mccain and lindsey graham, kelly ayotte, and new york's representative, peter king. let's give you a accepts where this is right now. so law enforcement enacted basically an effort not to read tsarnaev his miranda rights. that means not telling him he has the right to remain silent under what they call the public safety exception, allows them to get as much information as they can within the immediate hours after his arrest. in case there is information about other plots or perhaps other accomplices but it's li likely that he hasn't even been questioned yet because of his state, his serious condition, that this may not matter. he may have been read his miranda rights by a judge as early as to
who has been all over this story. j dzhokhar tsarnaev will be charged in a civilian court given the debate we have been talking about this this morning. that will be happening to him? >> no question. a policy decision the obama administration has made. he was a american citizen and naturalized last september and now a federal law, the national defense authorization act of 2012 that says american citizens cannot be tried in military commission. so it's not -- this debate is not a question about where he should be tried. the republicans who say he should be treated differently, their claim is that while they understand the civilian trial will go forward, they think he should be treated for now as an enemy combatant and questioned without any question about his rights, without any issue about whether information he gives would be used in his trial, and then turn back over to civilian authorities. but, clearly, the justice department will have none of that. that's not how it's going to go. >> he's in a boston hospital under heavy guard and serious condition including a gunshot wound
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